Paul Farrelly: I thank the Secretary of State for his kind words about Gordon Banks. He was not only England’s greatest goalkeeper, but Stoke City’s—the Potters’—greatest goalkeeper, too. He was also a friend of mine. He lived in my constituency. I well remember going to see him in the 1960s when he first joined Stoke and my dad took me to the terraces of the old Victoria Ground.
I come from North Staffordshire, which is well served by its local newspaper, The Sentinel. It is a tribute to the editor, Martin Tideswell—Stoke born and bred—that in these difficult days and times it not only comes out six days a week, but has managed to keep a lot of display and classified advertising. The Government clearly cannot subsidise newspapers; that is not what journalism is about. Is it not about time that the major beneficiaries online, such as Google and Facebook, not only pay their taxes, but are held better to account over copyright and pay fairer dues to publishers, including those of national and local newspapers?

Caroline Dinenage: I do not think it is ever possible to say that. This particular area of law has always been open to legal challenge. We decided to include a definition because so many stakeholders, as well as the Law Commission and Members of the other place, thought it essential, but the wording is very specific. It refers to what does not constitute a deprivation of liberty rather than what does, because we did not want to leave out accidentally something that could open up a legal challenge further down the line. This is where the code of practice comes into its own. It will include case studies and examples, so that those affected by the Mental Capacity Act will have a better understanding of how it works for them.

Caroline Dinenage: The role of the family is much greater in this amended legislation than it is currently. A number of families have told us through our work on this Bill that they feel very disenfranchised by the current system. For example, in the new system a family member or a loved one can be an approved person. That would be the person’s advocate through the process. That method brings family members and loved ones much closer into the decision-making around this whole system.

Caroline Dinenage: The wishes and feelings of the vulnerable person are at the centre of the Bill, and the wishes and feelings of their family will definitely be taken into consideration if their family is the approved person. We must always leave a little space in case the person does not want their approved person to be a family member for whatever reason. The wishes and feelings of the individual must be at the heart of this, and that was at the heart of the original Mental Capacity Act 2005.